Never miss a post! Enter your email address below to subscribe today.

Thursday, July 30, 2015

Ancient artifact collectors share a passion for history, culture, and aesthetics. The best collectors embrace their role as stewards of heritage by dutifully caring for cultural material through conservation,
storage, display, and study. But as fighting in Syria and Iraq
intensifies, principled collectors are asking how to avoid purchasing "blood antiquities."

Like archaeologists, heritage preservationists, and the concerned public, collectors have seen the disconcerting satellite images of looters' pits that confirmsevere
damage to the archaeological record, and they have listened to assessments by law enforcement officials pointing out that ISIS/ISIL/Da’esh engages in the looting and sale of antiquities. They are also cognizant of the U.N. Security Council's unanimous decision in February to adopt Resolution 2199, which plainly expresses that terrorists "are generating income from engaging ... in the looting and smuggling of cultural heritage items ... in
Iraq and Syria...." And today they learn that the U.S. Senate Foreign Relations Committee will take up S.1887, legislation that is similar to H.R. 1493, which authorizes emergency protections for endangered Syrian cultural property.To steer clear of collecting potential ISIS loot, Richard Stengel, Under Secretary of State for Public Diplomacy and
Public Affairs, recently tweetedthis judicious guidance, “Don't sell; don't buy. That's one solution." Collectors would be
well advised to heed this recommendation and avoid purchasing cultural heritage objects that appear to have surfaced from war-torn Syria or
Iraq.

Yet a number of undaunted
collectors will continue to shop the nubilous marketplace, optimistic that
they will discover authentic and legal artifacts that, hopefully, do not
contribute to terrorist fundingor money laundering. For
them, caveat emptor should
remain the guidepost and strict due diligence the rule, particularly since mounting evidence offers abundant
reasonable suspicion that would compel an ethical collector of ordinary caution
to demand clear answers from a dealer about the exact origins, export, import,
transshipment, and chain of possession of art, artifacts, or antiquities
believed to have originated from the Middle East.

The justifiable suspicion that heritage trafficking funds terrorism received added confirmation in May when U.S. Special Operations Forces seized 700
cultural objects during a raid on an ISIS compound in the al-Amr region of
eastern Syria. That area borders Iraq's Anbar and Nineveh provinces. The
Department of Defense (DoD) implicatedthe
owner of the collection in ISIS combat operations and
asserted that the man, known only as Abu Sayyaf, "helped direct the terrorist organization's illicit oil, gas, and financial operations as well."

The captured trove reportedly included
bronze coins with Greek, Latin, and Arabic inscriptions (top); silver
dirhams (right); copper bracelets (bottom left); gold dinars;
cylinder seals; and more. As istypical
with the black market trade, the genuine articles appear to have been mixed
together with reproductions.

U.S.
Ambassador to Iraq, Stuart Jones, offered the opinion that the raid revealed more than
the ordinary measure of evidence. He contended, during
a ceremony repatriating the objects, “These artifacts are indisputable evidence
that Da’esh—beyond its terrorism, brutality, and destruction—is also a criminal
gang that is looting antiquities from museums and historical sites and selling
them on the black market."

Given the totality of data uncovered
over the last several years linking trafficked heritage with terrorism, war,
and money laundering, the largest community of collectors—museums—have taken steps to warn the public about the proliferation of the black trade. The
International Council of Museums (ICOM) in September 2013 published a Red List spotlighting Syrian cultural
objects at risk of plunder, and just last month the organization distributed a
refreshed Red List covering Iraqi artifacts. The Red Lists help readers identify the kinds of
artifacts looted from archaeological sites, stolen from museums, or smuggled
across borders so that the distribution and sale of these precious heritage
objects can be stopped.

The Red Lists signal
extreme caution, and collectors of all stripes would gain peace of mind by
provisionally abstaining from the purchase of objects that are believed to have
originated from Syria or Iraq. Curbing consumer demand at the present time
would have the added benefit of sending a message to suppliers that even the slightest hint of conflict-related commodities will not
be tolerated in the legitimate stream of commerce.

Collectors determined to
remain in the market, meanwhile, should employ a strict due diligence strategy to sharply limit the chances of acquiring possible contraband or
facilitating money laundering. One suggested due diligence guideline—authored by individual collectors and
presented to the pro-collecting Ancientartifactsforum
in 2009—is titled A Code of Ethics for Collectors of Ancient Artifacts. It remains a useful resource
today, admonishing collectors to:

protect archaeological heritage
and uphold the law

check sources,

collect sensitively,

recognize the collector’s role
as custodian,

keep artifacts in one piece and
consider the significance of groups of objects,

promote further study, and

dispose of artifacts
responsibly.

To achieve these goals, the ethics code highlights common sense due diligence and acquisitions advice, including:

"Ask the vendor for all
relevant paperwork relating to provenance, export etc."

"Take extra care if
collecting particular classes of object which have been subjected to
wide-scale recent looting.”

"Verify a vendor’s
reputation independently before buying. Assure yourself that they are
using due diligence in their trading practices, and do not support those
who knowingly sell fakes as authentic or offer items of questionable
provenance."

"Do not dismember any item,
or acquire a fragment which you believe to have been separated from a
larger object except through natural means."

"Consider the implications of buying an item from an
associated assemblage and the impact this could have on study."

"Liaise, where possible,
with the academic and broader communities about your artifacts."

Collecting can play a constructive role in the stewardship of legally acquired and suitably documented artifacts. But in today's conflict-ridden environments in Syria and Iraq, guarding against criminal trafficking and the facilitation of terrorist financing is a heightened concern, which should prompt collectors to effectuate appropriate safeguards. "Don't buy" is the best protective measure, while strict due diligence remains a secondary, yet imperfect, line of defense for those willing to assume the risks in the traditionally opaque marketplace.Photo credit: U.S. Department of StateText copyrighted 2015 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com.
Any unauthorized reproduction or retransmission of this post without the
express written consent of CHL is prohibited. CHL is a project of Red Arch
Cultural Heritage Law & Policy Research, Inc.

2015 ABA Journal Blawg 100 Honoree

2014 ABA Journal Blawg 100 Honoree

2014 Daniel Webster International Lawyer of the Year award given to Rick St. Hilaire

"Rick St. Hilaire, who has become an authority on cultural heritage law, received the International Law Section’s 2014 Daniel Webster International Lawyer of the Year award at an Oct. 30 reception in Manchester, hosted by Sheehan Phinney Bass + Green." - NH Bar News, November 19, 2014

LexisNexis Top 25 Blogs

Top International Law Blogs

Rick St. Hilaire is among those featured in Josh Knelman's book, Hot Art

DISCLAIMER: This blog is for general information only. The information provided on this site should not be construed as legal advice, nor does it form an attorney-client relationship with the reader. While accuracy is strived for, the information presented here may not contain the most current legal developments. It is not guaranteed to be current, correct, or complete. No warranty, either express or implied, is given by this site or its contents. There may be information presented that links to outside sources. These links are not intended to be an endorsement of these sites, their information, or their opinions. Comments or opinions made by others are their own opinions and do not necessarily reflect the opinions of CHL or its author(s). This site is intended for informational purposes and is not attorney advertising. If you send an email to Cultural Heritage Lawyer, it will not form an attorney-client relationship and may not be treated as confidential or privileged. You should not send confidential communications through this web site or via email.